Category Archives: Post-conviction relief

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Ireland’s Ministry for Justice compensates man for wrongful conviction

connemaraMichael Hannon was accused of sexual assault by a 10 year old neighbour, in 1997. He was convicted and yet in 2006, his accuser came forward and retracted her statement, confessing that she had made a false allegation. Despite this, the Ministry of Justice ‘lost’ Hannon’s case files. It was not until 2009 that he was able to have his case certified as a miscarriage of justice. The Ministry and Hannon have now reached an out-of-court settlement after his claim for compensation went to the High Court. The case is a stark example of what can happen when police pursue allegations in spite of a total lack of evidence. This failure was compounded by incompetence on behalf of the prosecutors and Ministry of Justice staff who not only ‘lost’ his file for 15 months, but continued to protest against his case being declared a miscarriage of justice.

Mr Hannon has thanked his family and supporters but spoke of the need for an inquiry into the actions of the Ministry, and why the retraction by the complainant was not forwarded to him or his legal team. He said that it is ‘impossible to summarise the impact of a wrongful conviction upon a person.”

Read more here:

Two Decades On…. Closure for Connemarra Neighbour falsely convicted of child sex abuse

 

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Mike Pence Delays Pardon Decision: Innocent Man Struggles with Undeserved Felon Label

The Chicago Tribune has reported that Indiana Governor Mike Pence will continue to delay a pardon decision that would clear the name of a man convicted of and imprisoned for 10 years for a 1996 armed robbery he did not commit. The governor’s general counsel indicated in a letter Tuesday to Cooper’s lawyer that they first must exhaust all judicial options for appeal.

The case against Keith Cooper, 49, fell apart when DNA testing of crime scene evidence linked to a man imprisoned for his part in a subsequent 2002 murder. Eyewitnesses and a jailhouse snitch implicating Cooper and his co-defendant also recanted.

The Indiana Parole Board unanimously recommended more than two years ago that Pence pardon Cooper. The original prosecutor and crime victim shot during the burglary have also urged Pence to grant the pardon. More than 105,000 people have signed a petition supporting the pardon. Continue reading

Could Jerry Sandusky be innocent?

What if Jerry Sandusky didn’t do it? Hard to believe, right? The evidence against him seemed to be overwhelming. But was it really?
Author Mark Pendergrast argues that much of the sensational 2012 child-abuse case against the notorious former Penn State assistant football coach hinges on flawed repressed-memory theory. In a commentary for The Crime Report here, Pendergrast says it is relatively easy to generate false memories of abuse and documents how that may have occurred in this case.

Post Exoneraton Developments in the Debra Milke Case

I hope that by now, everybody knows that Debra Milke, previously convicted and inprisoned in Maricopa County, AZ, for contracting the murder of her young son, has been exonerated.

We’ve posted about the Debra Milke case on this blog several times previously. In chronological order –  here, here, here, here, here, here, here, and here(The red link is particularly germane to the subject of this post.)

Pursuant to her wrongful conviction, wrongful imprisonment (22 years on death row), and eventual exoneration, Debra filed suit with five claims against four defendants, including two former Phoenix police officers and the Maricopa County Attorney’s Office (Bill Montgomery), stating that that she was denied a fair trial and due process of law. The two police officers and the Maricopa County Attorney filed a motion with the court to dismiss the suit. Judge Roslyn O. Silver of the United States District Court for the District of Arizona has denied the motion to dismiss, and is allowing the suit to go forward.

See the story from azcentral here.

You can read the decision by Senior United States District Judge Roslyn O. Silver here:  97-OrderreMotionstoDismiss

 

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Justice System Procedure Frequently Ignores Innocence

If you were able to read my recent article, Comment on the Nature and State of the (US) Justice System, you’ll know that I bemoaned the fact that the justice system has become an end unto itself, and gets itself (and defendants) endlessly tangled up in “procedure,” ignoring actual guilt or innocence. And if you’re an actually innocent, wrongfully convicted defendant, the situation gets ten times worse.

Interestingly, here is a recent article from InjusticeWatch that underscores much of what I had to say.

http://www.injusticewatch.org/news/2016/finally-free-years-after-judge-first-ruled-her-guilt-was-dubious/#

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